Paragraph: 126 Reference ID: 36-126-20140306. The Order will protect only those trees standing at the time it was made, so it may over time become difficult to be certain which trees are protected. A section 211 notice is not required where the cutting down, topping, lopping or uprooting of a tree is permissible under an exception to the requirement to apply for consent under a Tree Preservation Order. Section 209(2) of the Town and Country Planning Act 1990 includes a provision enabling the landowner to recover from any other person responsible for the cutting down, destruction or removal of the original tree or trees, as a civil debt, any: Paragraph: 163 Reference ID: 36-163-20140306. Paragraph: 042 Reference ID: 36-042-20140306. The 50ft tree in Dorset was subject to a Tree Preservation Order (Image: PooleCouncil/BNPS) Our free email newsletter sends you the biggest headlines from … Unless stated, this process applies to trees subject to a Tree Preservation Order and to trees in a conservation area that are not subject to an Order. Where a tree is not covered by the woodland classification and is cut down because there is an urgent necessity to remove an immediate risk of serious harm, the landowner has a duty to plant a replacement tree of an appropriate size and species. Replacement trees planted under a condition rather than because of an obligation under section 206 of the Town and Country Planning Act 1990 are not automatically protected by the original Order. It is an offence to carry out work to trees that are covered by a Tree Preservation Orders (TPO) or to trees which are within a conservation area, without telling us.. Our Trees and development - our preferred approach page has useful information for anyone considering a new development near to trees. For example: Paragraph: 100 Reference ID: 36-100-20140306. The applicant is not necessarily required to provide a formal scaled location or site plan. If it does not make such a condition it cannot serve a tree replacement notice requiring replacement. Paragraph: 075 Reference ID: 36-075-20140306. the impact on amenity of the removal of trees, and whether it would be in the interests of amenity (and, in woodlands, in accordance with the practice of good forestry) to require their replacement; whether it would be reasonable to serve a tree replacement notice in the circumstances of the case; and. Paragraph: 107 Reference ID: 36-107-20140306. Deliberate destruction of a tree, or damage likely to destroy it, could result in a fine of up to £20K if convicted in a magistrate's court. In such cases authorities should bear in mind any unfinished matters relating to the old Order. An authority dealing with an application relating to woodland must grant consent so far as accords with good forestry practice unless it is satisfied that the granting of consent would fail to secure the maintenance of the special character of the woodland or the woodland character of the area. It must endorse the original Order with a statement that it has been varied and specifying the date on which the variation order takes effect. ... To find out whether a tree is protected by a Tree Preservation Order or is in a Conservation area, please use our online mapping system. A Tree Preservation Order (or “TPO”) is an order made by the Local Authority which prevents a tree owner carrying out works to that tree without the consent of the Local Authority. It must clearly indicate modifications on the Order, for example by using distinctive type. give advice on presenting an application. The authority should consider visiting the site at this stage. Generally they are trees that can be seen from public spaces and add amenity value to the local community. We offer pre-application advice to tree owners. The form is available from the Planning Portal or the authority. It must publicise such an application by displaying a notice on or near the site for at least 21 days. At the start of my research, I thought that most states and territories had blanket laws aimed at protecting trees on private land. They should therefore consider how best to demonstrate that they have made their decisions at this stage in an even-handed and open manner. Paragraph: 079 Reference ID: 36-079-20140306. A tree preservation order (TPO) is issued by the council to protect trees and woodlands. Paragraph: 102 Reference ID: 36-102-20140306. Up until 1925, all land in England and Wales was unregistered and without possession of your title deeds it became very difficult to prove t... What is a right to light? Applications for tree works can be found on the planning applications register. Paragraph: 092 Reference ID: 36-092-20140306. This need not be limited to that brought about by disease or damage to the tree. The authority could, however, grant consent for less work than that applied for. Any request for such a dispensation should be put to the authority in writing. Paragraph: 146 Reference ID: 36-146-20140306. Where such a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary. When considering an application the authority is advised to: Authorities should bear in mind that they may be liable to pay compensation for loss or damage as a result of refusing consent or granting consent subject to conditions. When granting planning permission authorities have a duty to ensure, whenever appropriate, that planning conditions are used to provide for tree preservation and planting. Authorities can vary or revoke confirmed Orders to help deliver appropriate tree protection. A tree owner may use an unused and unexpired consent obtained by a former owner. The Crown must give 6 weeks’ notice for works to trees in a conservation area, unless an exception applies or the local planning authority has given consent. Homeowner fined £1000 for 'severely pruning' a protected 100-year-old tree in his own front garden because it was blocking his view. It may not be necessary (or practical) for the replacement tree to be planted in the exact position of the original tree. Further site visits may be appropriate following emergency situations where on the initial visit the authority did not fully assess the amenity value of the trees or woodlands concerned. Paragraph: 037 Reference ID: 36-037-20140306. Flowchart 2 shows the process for revoking Orders. When determining applications for consent under an Order, the authority may: The authority must decide the application before it, so it should not issue a decision which substantively alters the work applied for. If you have an enquiry and would like us to call you, please fill out the form below. Authorities must not consider applications that do not meet the applicable procedural requirements. The authority may ask the applicant about their legal interest in the tree and consult the tree’s owner. For example, it is unlikely to be necessary to make an Order in respect of trees which are under good arboricultural or silvicultural management. A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands. The power to make a TPO is contained in the Town and Country Planning Act 1990 and the Town and Country (Tree Preservation)(England) Regulations 2012. Application to carry out work to protected trees. Damaging or working on a protected tree is a serious criminal offence. Paragraph: 155 Reference ID: 36-155-20140306. It is a criminal offence to lop, top, cut down, uproot, wilfully damage or destroy a tree covered by a TPO unless we have permitted the work. For the purposes of the Act, a person does not have to obliterate a tree in order to ‘destroy’ it. If your tree is protected then … Paragraph: 156 Reference ID: 36-156-20140306. Paragraph: 031 Reference ID: 36-031-20140306. This must be at least 21 days from the site notice’s date of display. Anyone considering challenging the validity of an Order in the High Court is advised to seek legal advice. Tree preservation orders. The local planning authority’s power to enforce tree replacement is discretionary. The authority should assess whether or not the proposed work is exempt from the requirement to obtain its consent. Authorities should consider how best to be in a position to respond to enquiries about whether particular trees in their area are protected. When deciding whether an Order is appropriate, authorities are advised to take into consideration what ‘amenity’ means in practice, what to take into account when assessing amenity value, what ‘expedient’ means in practice, what trees can be protected and how they can be identified. It is a criminal offence to cut down, top, lop, uproot, wilfully damage, or destroy a protected tree. Prosecutions cannot require remedial works to the tree but will, where appropriate, both punish offenders and deter potential offenders. TPOs make the felling, … In such cases the authority should make the scope, timing and limit of the work clear. Unregistered Land & the Benefits of Getting it Registered, Residential Property Case Update – Rights of Way, Business Crime, Fraud and Regulatory Defence. For example, an authority might have to take into account an unfulfilled condition or notice requiring a replacement tree, or an ongoing appeal. a maximum fine of €500], or (… This duty applies when an authority discharges its enforcement powers, including rights of entry, gathering samples from trees or of soil and taking statements. A TPO is a written order which, in general, makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order, or to cause or permit such actions, without the Local Authority’s permission. Local planning authorities may make Orders in relation to land that they own. The duty transfers to the new owner if the land changes hands. Mr Petrou was ordered to pay $19,000 by Waverley Local Court for breaching a tree preservation order, thought to be the largest penalty of its kind ever issued in the local government area. The authority should not confirm an Order it has modified by adding references to trees, groups of trees or woodlands in the Schedule to the Order or the map to which the Order did not previously apply. In deciding whether work to a tree or branch is urgently necessary because it presents an immediate risk of serious harm, the Secretary of State’s view is that there must be a present serious safety risk. This will help the authority to ensure that approved work has not been exceeded and support enforcement. Where necessary, the authority should consider referring a vague or ambiguous application back to the applicant and ask for clarification. The principal purpose of a Tree Preservation Orders (TPO) is to preserve trees which are normally located on privately owned land. To enter Crown land the authority must first get consent from the relevant Crown body, which may impose conditions. However, when considering protecting trees on Crown land authorities are advised to discuss the matter with that body. Paragraph: 064 Reference ID: 36-064-20140306. Authorities can either initiate this process themselves or in response to a request made by any other party. Nevertheless, the authority should ensure that a valid Order exists, that the tree in question was clearly protected by it and that it has carried out its statutory functions properly and complied with all procedural requirements. Section 207 of the Town and Country Planning Act 1990 gives local planning authorities the powers to enforce an unfulfilled duty under section 206 to replace trees or woodlands by serving on the landowner a ‘tree replacement notice’. Paragraph: 124 Reference ID: 36-124-20140306. The authority has discretion whether to undertake wider notification and publicity if it considers this would be appropriate. This would not normally include shrubs, but could include, for example, trees in a hedge or an old hedge which has become a line of trees of a reasonable height. No claim can be made for loss or damage incurred before an application for consent to undertake work on a protected tree was made. Paragraph: 161 Reference ID: 36-161-20140306. Tree Preservation Orders (TPOs) may be made in order to protect selected trees or woodland if their removal is likely to have a significant impact on the local environment and its enjoyment by the public. The authority is advised to refer a section 211 notice containing insufficient or unclear information back to the person who submitted it. Flowchart 7 shows the decision-making process regarding tree replacement. In certain circumstances, compensation may be payable by the local planning authority for loss or damage which results from the authority refusing consent or granting consent with conditions. Further guidance can be found on the government website here. A section 211 notice should be acknowledged, although the authority should first consider whether the proposed work is exempt from the requirement to give this notice or requires a felling licence. Paragraph: 084 Reference ID: 36-084-20140306. In addition, a confirmed Order should be recorded promptly in the local land charges register as a charge on the land on which the trees are standing. However, the authority cannot enter Crown land without consent from the appropriate Crown body. Paragraph: 035 Reference ID: 36-035-20140306. Paragraph: 154 Reference ID: 36-154-20140306. The local authority must, as soon as practicable after making an Order and before it is confirmed, serve ‘persons interested in the land affected by the Order’: The authority must also be able to prove that it has done this in one of a number of different ways. The authority can deal with a section 211 notice in one of three ways. David Matthews, 67, ignored Tree Preservation Orders (TPO) made by … Authorities may also refer to existing registers, recording trees of particular merit, to assist in their selection of trees suitable for inclusion in an Order. The authority’s consent is not required for cutting down, topping, lopping or uprooting a tree protected by an Order to enable the implementation of a highway order or scheme made or confirmed by the Secretary of State for Transport under Schedule 1 of the Highways Act 1980. Paragraph: 072 Reference ID: 36-072-20140306. Flowchart 1 shows the process for confirming an Order. See the Planning Inspectorate’s detailed guidance on making an appeal and the associated form. The ‘persons interested in the land affected by the Order’ are every owner and occupier of the land on which the protected trees stand and every other person the authority knows is entitled to carry out certain works to any of those trees or in relation to the affected land. Following consideration of any objections and comments the authorities can decide whether or not to confirm the Order. If a claim is made to the authority it should consider whether any loss or damage has arisen as a consequence of the decision. Paragraph: 167 Reference ID: 36-167-20140306, Paragraph: 168 Reference ID: 36-168-20140306, Paragraph: 169 Reference ID: 36-169-20140306, Paragraph: 170 Reference ID: 36-170-20140306, Paragraph: 171 Reference ID: 36-171-20140306, Paragraph: 172 Reference ID: 36-172-20140306, Paragraph: 173 Reference ID: 36-173-20140306. Authorities can only confirm an Order within a 6 month period beginning with the date on which the Order was made. Where work is carried out on a regular basis, the local authority and the appropriate authority of the Crown should consider following the guidance at paragraph 126. Authorities and claimants are encouraged to try to reach an agreement. Before it accepts an application the authority should check that the trees are in fact subject to an Order currently in force and verify that the application is both valid and complete. This will be the case, for instance, in respect of anything done by, or on behalf of, the Forestry Commission on land it owns or manages or in which it has an interest. Paragraph: 104 Reference ID: 36-104-20140306. Don’t worry we won’t send you spam or share your email address with anyone. The woodland category should not hinder beneficial woodland management. A millionaire businessman who illegally chopped down 11 trees to make his back garden bigger has been taken to court. Any request for the authority to use this power should be made in writing. Where Crown land is involved, the local planning authority must secure the consent of ‘the appropriate authority’ before taking any step for the purposes of enforcement. Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. Before starting work on any tree, we strongly recommend that you check its status with us by emailing details, including the location and a description of the work you wish to carry out. The Order’s effect will stop on the date of its decision, which must be recorded on the Order. We regularly publish newsletters, breaking legal news, topical updates and more – register your details below and select which updates you’d like to subscribe to, to get the latest relevant information straight to your inbox. David Matthews, 67, ignored Tree Preservation Orders (TPO) made by … Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area (if that tree is not already protected by an Order), or causes or permits such work, without giving a section 211 notice (or otherwise contravenes section 211 of the Town and Country Planning Act 1990) is guilty of an offence, unless an exception applies. County councils can make Tree Preservation Orders but there are restrictions in areas where there is both a district planning authority and a county planning authority. Carrying out unauthorised work to a protected tree is an offence and can result in a fine of up to £20,000 or for a more serious offence, an unlimited fine. Appeals against an authority’s decision to refuse consent can be made to the Secretary of State. It must also notify people interested in the land affected by the variation Order. The authority should clearly mark the application with the date of receipt. decide not to make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice. It may be served electronically if the landowner has provided their electronic address to the authority (see section 329(1)(cc) of the Act). If any specified time limit expires, and the tree owner wishes to carry out a prohibited activity in respect of protected tree, a further application for consent has to be made. You can get a quote without obligation for buying or selling a property with our free conveyancing quote generator. If the tree is in a conservation area or is the subject of a Tree Preservation Order, it is legally protected and you … It should state: Paragraph: 159 Reference ID: 36-159-20140306. But the place should at least correspond with the original position described in the Order and shown on the map. Those who damage or carry out work on a tree without permission may be fined up to £20,000. In either case it should promptly inform the person who gave the notice. Flowchart 4 shows the decision-making process regarding compensation. Paragraph: 139 Reference ID: 36-139-20140306. Paragraph: 140 Reference ID: 36-140-20140306. The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. Paragraph: 145 Reference ID: 36-145-20140306. Identifying the tree(s) Please give the species of tree if known (e.g. The notifier can object to the Tree Preservation Order and/or make an application for the work under the Tree Preservation Order procedure. The authority should use its power to impose conditions to ensure that tree work or planting is carried out in accordance with good arboricultural practice. Authorities are encouraged to make their registers available online. The standard form of Order shows what information is required. See guidance on tree size in conservation areas. A Tree Preservation Order (TPO) is a legally enforceable order made by the Local Planning Authority (LPA) to protect trees and woodlands in the interests of public amenity. Subject to specific provisions relating to forestry operations in protected woodland, any claimant who can establish that they have suffered loss or damage as a result of an authority either refusing consent or imposing conditions in respect of protected trees is entitled to claim compensation. Regulation 12 requires authorities to keep a register of all appeals under Orders they have made. Paragraph: 131 Reference ID: 36-131-20140306. contribution to the character or appearance of a conservation area. Paragraph: 085 Reference ID: 36-085-20140306. Mohammed Hussein, 38, … ... to a fine of up to £20,000 or on conviction in the Crown Court to an unlimited fine. The authority should also take into account the legal duty to replace trees. Before carrying out work they believe is exempt, they may wish to obtain advice from a qualified arboriculturist and/or confirmation from the authority of what is and what is not required. The local planning authority should also consider: If the authority decides not to take formal enforcement action it should be prepared to explain its reasons to anyone who would like to see action taken. When considering whether trees should be protected by an Order, authorities are advised to develop ways of assessing the amenity value of trees in a structured and consistent way, taking into account the following criteria: The extent to which the trees or woodlands can be seen by the public will inform the authority’s assessment of whether the impact on the local environment is significant. However, the authority’s consent is not needed before pruning any tree cultivated for the production of fruit, as long as the work is carried out in accordance with good horticultural practice. Section 210(4A) and (4B) of the Town and Country Planning Act 1990 set out that, in respect of offences under section 210(4) of the Act, authorities may bring an action within 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge. Tree owners, their agents and contractors, statutory undertakers and other bodies should take care not to exceed an exception. See section 214D(3) of the Town and Country Planning Act 1990. In addition to possible criminal penalties landowners have a duty, in certain circumstances, to replace trees or to replant in protected woodlands. Paragraph: 076 Reference ID: 36-076-20140306. The law protects certain trees and groups of trees. If the authority did not visit the site before the application was made then an officer should do so at this stage. Applicants are advised not to submit their applications until they are in a position to present clear proposals. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. The authority should first investigate whether or not an allegation that a contravention has taken place, or is about to take place, is true. Failure to comply with a TPO could land the owner with a hefty fine. Regulation 14 of the Town and Country Planning General Regulations 1992 applies sections 276 (power to sell materials removed during work), 289 (power to require occupiers to allow work to be carried out by the owner) and 294 (limit on liability of agents or trustees) of the Public Health Act 1936 to tree replacement notices. Paragraph: 157 Reference ID: 36-157-20140306. The standard form of Order provides examples of how information should be recorded in a schedule. Paragraph: 041 Reference ID: 36-041-20140306. The local planning authority may also impose a condition requiring replacement planting when granting consent under an Order for the removal of trees. oak, Scots pine); Latin names are not required. Furthermore, under section 44 of the Magistrates’ Courts Act 1980 any person who ‘aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence’. This duty also applies under section 206 if a tree (except a tree protected as part of a woodland) is removed, uprooted or destroyed because it is dead or presents an immediate risk of serious harm. 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